Vos v. Lane et al

Filing 6

MEMORANDUM AND ORDER granting #3 Motion for Leave to Proceed in forma pauperis. The Clerk shall prepare and issue summons to the U.S. Marshal or Deputy Marshal, who are appointed pursuant to Fed. R. Civ. P. 4(c)(3). Signed by Magistrate Judge Brooks G. Severson on 9/25/24. (df)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JEREMY VOS,
Plaintiff,
v.

Case No. 24-1160-JWB-BGS

ROBERT LANE and LANE ENTERPRISES,
INC.,
Defendants.

ORDER GRANTING MOTIONS TO PROCEED
WITHOUT PREPAYMENT OF FEES
This matter comes before the Court on Plaintiff Jeremy Vos’s Motion to Proceed without
Prepayment of Fees, which requests leave for Plaintiff to proceed in forma pauperis (IFP). (Doc. 3,
sealed.) Plaintiff also contemporaneously filed the requisite financial affidavit. (Doc. 4, sealed.)
Under 28 U.S.C. § 1915(a), a federal court may authorize commencement of a civil action
“without prepayment of fees or security therefor, by a person who submits an affidavit that … the
person is unable to pay such fees or give security therefor.” To succeed on an IFP motion, “the
movant must show a financial inability to pay the required filing fees.” Lister v. Dep’t of Treasury, 408
F.3d 1309, 1312 (10th Cir. 2005). Proceeding IFP “in a civil case is a privilege, not a right –
fundamental or otherwise.” White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998). The decision to
grant or deny IFP status under § 1915 lies within the district court’s sound discretion. Engberg v.
Wyoming, 265 F.3d 1109, 1122 (10th Cir. 2001).
Based on the financial information provided by Plaintiff in his affidavit of financial status
(Doc. 4, sealed), the Court finds that Plaintiff has shown an inability to pay the filing fee and a belief

that he is entitled to relief. Thus, the Court grants Plaintiff’s motion to proceed without prepayment
of fees (Doc. 3).
Because Plaintiff’s Complaint (Doc. 1) appears to state a viable federal court cause of action
against at least one Defendant under the Fair Credit Reporting Act, 12 U.S.C. ch. 16 §§ 1830-1831
and 15 U.S.C. ch. 41 § 1681 et seq., the Clerk is directed to issue summons for service upon
Defendants Robert Lane and Lane Enterprises, Inc. at the address indicated in the caption of
Plaintiff’s Complaint. Service of the summons and Complaint shall be effectuated by the United
States Marshal or a deputy United States Marshal who are hereby appointed for such purpose
pursuant to Fed. R. Civ. P. 4(c)(3).
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Proceed without Prepayment
of Fees (Doc. 3) is GRANTED. Pursuant to 28 U.S.C. § 1915(a)(1), Plaintiff may commence this
action without prepayment of fees. The Clerk shall prepare and issue summons to the U.S. Marshal
or Deputy Marshal, who are appointed pursuant to Fed. R. Civ. P. 4(c)(3).
IT IS SO ORDERED.
Dated September 25, 2024, at Wichita, Kansas.
/s/Brooks G. Severson
Brooks G. Severson
United States Magistrate Judge